A federal appeals court panel rejected a bid by U.S. President Joe Biden’s son to dismiss criminal gun charges, clearing the way for Hunter Biden’s June 3 trial, a first for the child of a sitting president.
A three-judge panel of the U.S. Court of Appeals for the Third Circuit in Philadelphia said Hunter Biden could not appeal because the lower court had not yet entered a final judgment in the case.
Shortly after the appeals court ruled, U.S. District Judge Maryellen Noreika ordered the trial of up to six days to begin June 3 in Wilmington, Delaware.
Hunter Biden’s legal team said they will ask the full appeals court in Philadelphia to review the panel’s decision.
“In reviewing the panel’s decision, we believe the issues involved are too important and further review of our request is appropriate,” said a statement by Abbe Lowell, an attorney for Hunter Biden.
Hunter Biden was appealing orders issued last month by Noreika. The judge denied motions to dismiss two counts accusing Hunter Biden of lying about using illegal narcotics when he purchased a Colt Cobra handgun in 2018 and a third count of illegally possessing that weapon.
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Hunter Biden’s legal team had argued that the lower trial court had to wait for the federal appeals court to rule before it could push ahead with a trial.
Hunter Biden faces a maximum penalty of 25 years in prison on the gun charges.
The trial will come as Joe Biden is ramping up his campaign for reelection.
The Republican candidate, former President Donald Trump, is currently on criminal trial in New York, where he is accused of illegally covering up a $130,000 payment to a porn star to keep her quiet in the run-up to the 2016 election.
Hunter Biden is also facing criminal tax charges in California.
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